Sec. 597.044. APPLICATION FOR TREATMENT DECISION. (a) If the results of the assessment conducted in accordance with Section 597.021 indicate that a client who does not have a legal guardian or surrogate decision-maker lacks the capacity to make a treatment decision about major medical or dental treatment, psychoactive medication, or a highly restrictive procedure, the ICF-IID must file an application for a treatment decision with the department. (b) An application must be in the form prescribed by the department, must be signed by the applicant, and must: (1) state that the applicant has reason to believe and does believe that the client has a need for major medical or dental treatment, psychoactive medication, or a highly restrictive procedure; (2) specify the condition proposed to be treated; (3) provide a description of the proposed treatment, including the risks and benefits to the client of the proposed treatment; (4) provide a description of generally accepted alternatives to the proposed treatment, including the risks and potential benefits to the client of the alternatives, and the reasons the alternatives were rejected; (5) state the applicant's opinion on whether the proposed treatment promotes the client's best interest and the grounds for the opinion; (6) state the client's opinion about the proposed treatment, if known; (7) provide any other information necessary to determine the client's best interest regarding the treatment; and (8) state that the client does not have a guardian of the person and does not have a parent, spouse, child, or other person with demonstrated interest in the care and welfare of the client who is able and willing to become the client's guardian or surrogate decision-maker.
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